LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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Question #61

A friend of mine (female) has filed for divorce, but her legal spouse will not sign the necessary papers. Her spouse has become emotionally, mentally, and at times physically abusive, so she moved out. Now he is counter-suing for abandonment. Never once was a police report filed, she just wants to end the marriage legally, she is not requesting assets and alimony. Is there any way she can expedite this process? Also, she is bringing the paperwork to him, should a court officer serve these papers to him? What is the time frame for him to complete this process? I find it wrong that in NY State, if a person wants a divorce, the other party has to agree otherwise a situation as this occurs. Thanks. 

The Divorce process is much too important to leave to self-help.
You should engage an experienced attorney-mediator in your area
to make sure that you have covered all of the issues and can get on with your
life without worrying that your mistakes will come back to haunt you later in life.
You do not need your spouse’s consent to divorce in NY, but the process then is adversarial, not uncontested. If he also is filing for divorce, then apparently he wants the divorce as well, and a good mediator should be able to bring the parties together to get the job done without having to spend the time and money in court litigating the divorce.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange
for an appointment to discuss the matter in greater length.
Leonard Weiner, Esq./Divorce Solutions

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